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HENDLIN v. FAIRMOUNT CONSTRUCTION CO.

8 N.J. Super. 310 (1950)

72 A.2d 541

NATHAN N. HENDLIN AND ANNETTE HENDLIN, ET AL., PLAINTIFFS, v. FAIRMOUNT CONSTRUCTION COMPANY, A CORPORATION, AND THE CITY OF NEWARK, A MUNICIPAL CORPORATION, ET AL., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided March 29, 1950.

Attorney(s) appearing for the Case

Mr. John J. Clancy, attorney for the plaintiffs, Nathan N. Hendlin, et al.

Mr. Maurice H. Pressler and Mr. Henry Gottfried, attorneys for the plaintiffs George J. Weinik, et al.

Mr. Charles Handler, attorney for the defendant the City of Newark.

Mr. Alfred L. Padula, attorney for defendant-cross-claimant Fairmount Construction Company.

Messrs. Ruback & Albach (Mr. Meyer E. Ruback appearing), attorneys for Maurice Levin and George Levin, defendants, counterclaimants and cross-claimants.

STEIN, J.S.C.

The controversy here presented for decision involves a number of causes of action, some purely equitable in nature, one sounding in mandamus, another seeking review in lieu of certiorari, while all the parties pray for declaratory judgment. Under the former practice these issues, though between the same parties and though related because of common questions of law and fact, would have had...

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